The Taking Control of Goods Regulations 2013

Securing goods of the debtor on premises where found

16.—(1) Subject to paragraphs (2) and (3), an enforcement agent who is securing goods of the debtor on the premises on which they are found (under paragraph 13(1)(a) of Schedule 12) may secure the goods—

(a) in a cupboard, room, garage or outbuilding;

(b) in the case of goods on premises (or on a part of the premises) which are not occupied for residential purposes, by the enforcement agent remaining on the premises to guard the goods of the debtor of which the enforcement agent has taken control;

(c) by fitting an immobilisation device (which must be provided by the enforcement agent); or

(d) by securing—

(i) the whole of the premises, where the premises are occupied solely for the purpose of a trade or business; or

(ii) such part of the premises, where the premises are occupied for residential and trade or business purposes, that is occupied solely for the purpose of a trade or business.

(2) The enforcement agent may not secure goods in any of the ways listed under paragraph (1)(a) to (c) where any person (whether or not the debtor) in occupation of the premises, or any part of the premises, would, as a result, be deprived of adequate access to essential facilities, including exempt goods, or adequate means of entering and leaving the premises, including means of emergency entry and escape.

(3) Where the goods are secured by fitting an immobilisation device under paragraph (1)(c), the enforcement agent must, at the time of immobilising the goods, provide a written warning to the debtor, signed by the enforcement agent, to be affixed in a prominent position on the immobilised goods, which must contain the following information—

(a) that the enforcement agent has immobilised the goods;

(b) the date and time of immobilisation;

(c) that the goods have been immobilised because the debtor has failed to pay the sum outstanding;

(d) a telephone number, which is available 24 hours every day, for enquiries; and

(e) the reference number or numbers.

(4) Premises may only be secured under paragraph (1)(d) if it is not practicable either—

(a) to secure the goods in any of the other ways listed under paragraph (1); or

(b) to take control of the goods under paragraph 13(1)(c) of Schedule 12.